National Integrity Strategy of IGS, BRAC University Bangladesh - - PDF document

National Integrity Strategy of Bangladesh

IGS, BRAC University

Draft dated August 28th

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Overview

Background The conception of integrity, national integrity system

and rationale for a National Integrity Strategy

Vision and Mission Core Challenges Goals and strategies Implementation arrangements Monitoring, review and reporting

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Background

• The ‘National Integrity Strategy’ (NIS) is expected to be a policy

document to prevent corruption.

• NIS brings together potential initiatives of major institutions.
• The Strategy is a response to Bangladesh’s accession to UNCAC and

GAP study

• The Strategy builds on the view that effectively functioning institutions

leads to higher state of development.

• The belief is: ‘Integrity’ makes institutions effective.
• The Strategy is a result of numerous consultations in Dhaka, district

and grassroots level

• Cabinet Division is expected to facilitate the implementation of NIS

across institutions.

• Summary: NIS is a policy document to prevent corruption through

institutionalization of integrity in institutions.

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The conception of integrity

• Integrity at individual level

Integrity is a behavioural excellence influenced by morality and honesty. They are, among others, values implying being truthful and dutiful, adhering to norms, customs and principles and being committed to achieve them.

• Integrity at institutional level

Integrity includes complying with policies, systems and procedures. Since Institutions are led by people, the integrity of individuals is a necessary condition for achieving integrity at Institution level

• Integrity at national level

Integrity at national level is characterized by how best the interdependent institutions are governed. The cumulated effect of their behaviour establishes a context which questions corruption. Political will is necessary to that end.

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National Integrity System

State institutions: Parliament, the Executive,

Judiciary, Civil Service, Local Government, Public Prosecution, PSC, ACC, EC, Ombudsman, and C&AG.

Non-state institutions: Family, Civil Society,

Nonprofits incl. NGOs, Private Sector, Media, and Political Parties

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National Integrity Strategy (NIS)

A set of goal oriented actions by institutions to

comply with values and principles (policies, systems and procedures) targeting prevention of corruption.

Rationale:

– Corruption cannot be fought through prosecution alone. – Moral response is needed for prevention. – ACC’s efforts need to be complemented. – Similar initiatives have worked in other countries.

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Vision and Mission

Vision: A Bangladesh free from corruption. Mission:People and institutions embrace values

and principles, and practice them as part of their culture. (A moral approach to fight corruption).

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State Institutions

• 1. Parliament

Major challenges

Insufficient accountability of the Executive. Poor functioning of the Parliamentary Committees

(representaton, procedure and transparency) throughout the legislation period.

Absence of inter-party and intra-party deliberations on

legislative issues, and voice of independent opinion holders.

Public Accounts Committee is ineffective in view of the report

C&AG.

Partiality of the speaker. Insufficient capacity of the MPs and officials of the

parliamentary secretariat.

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Goal: The parliament emerges as a place for fair and rationale debate, and for decision-making

Strategy 1: Form Parliamentary St. Committees with

proportional representation of the parties (chair and members) in the first parliamentary session.

Strategy 2: Introduce PM’s Q&A session with

specific share of time for the opposition parties.

Strategy 3: Provide capacity building measures for

MPs and officials of the Secretariat on legislative process and control as well as on budgeting.

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Strategy 4: Form ministry-specific external expert

panel to support Members of the Parliamentary Committees.

Strategy 5: Develop and introduce Rules of

Procedures with fair share of time for all parliamentary parties.

Strategy 6: Introduce transparent debate on C&AG’s

report and strengthen the role of Public Accounts Committee.

Strategy 7: Introduce regular intra-party

parliamentary discussion/meeting.

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• 2. Executive

Challenges

• Insufficient accountability of the executive to the

parliament.

• Partisan control of the executive over bureaucracy.
• Centralized decision-making and influence of

informal agents over executive

• Poor transparaency in the decision-making process
• Not responsive to citizen’s concerns and public

inquiry.

• Insufficient expertise.

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Goal: The executive is responsive towards citizens, transparent and accountable to parliament.

Strategy 1: Establish communication with citizens. Strategy 2: Introduce a system of reasoning for all decisions of

the executives.

Strategy 3: Introduce a system of year-wise asset disclosures

(pre- and post appointment to the Executive).

Strategy 4: Comply with laws, policies and systems (PPR,

etc.).

Strategy 5: Report to PAC and respective Parliamentary

Standing Committee.

Strategy 6: Establish an advisory panel for each Ministry to

complement the expertise and be research supported in all ministerial activities.

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• 3. Judiciary

Challenges

Low confidence and trust in the judiciary. People’s perception that the judiciary is still not

independent.

Insufficient level of knowledge on some legal issues. Low judge-to-case ratio which creates huge backlog

• f cases.

Low salary and benefit structure for the judges. Accountability of judiciary Sometimes, judgements are perceived to be not fair.

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Goal: Judiciary emerges as an independent, nonpartisan and effecctive organ of the state

Strategy 1: Make Supreme Judicial Commision

effective to govern the judiciary.

Strategy 2: Enforce systems, policies and

procedures of Supreme Judicial Commission (recruitment, promotion, removal) as per law.

Strategy 3: Provide capacity building programme for

the judges based on periodic needs assessment (ex. ADR, case management, different areas of rights such as child rights).

Strategy 4: Recruit additional judges for improved

population-judges ratio and handling the backlogs.

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• 4. Civil Service

Challenges

Subject to partisan pressure. Salary often not sufficient for survival. Performance appraisal and incentive system not

proper.

Poorly equipped with skills, equipment and resources. Inefficient/traditional work process. Accountability system and mechanisms are not

working.

Quota hampers quality and professionalism.

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Goal: The public service is impartial, efficient, effective and accountable.

Strategy 1: Rightsizing the civil service. Strategy 2: Bringing efficiency in the civil service. Strategy 3: Bringing competition and innovation in

the civil service.

Strategy 4: Bringing accountability in the civil

service

Strategy 5: Review the size of Government and the

work processes to explore potentials for efficiency.

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Strategy 6: Introduce e-governance and distance

delivery of public services.

Strategy 7: Introduce systems and policies to

reduce the degree of discretion in decision-making.

Strategy 8: Introduce protection of whistleblowers

and grievance handling system in public service.

Strategy 9: Introduce a modern evaluation and

incentive system for public service.

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• 5. Local Government

Challenges

Crisis of electing of honest and capable people in a

free and fair environment to represent grass root people and function in a non-partisan way.

Insufficient allocation of resources for valid reasons

and unavailability of local resources.

Insufficient capacity of the local government system

to undertake development plans, oversee them, allocate required resources and manage local government activities.

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Poor transparency and accountability

systems and mechanisms vertically in both direction.

LG Commission is not yet in action.

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Goal: A people-oriented, accountable and independent local government system at Zila, UZ and UP level

Strategy 1: Support EC to hold local government

elections and ensure compliance with the Ordinance with regard to selection, campaign, gender, procedure and transpareny of candidates.

Strategy 2: Introduce local government financing

system with central government and local resources based on equivalence principles and fair allocation.

Strategy 3: Envisage local government related

national programme with bloc allocation for local level management of development programmes (from identification to implementation).

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Strategy 4: Introduce systems, policies and procedures for

management, transparency and accountability of the local government systems in line with the Ordinance.

Strategy 5: Introduce ongoing and multi-faceted capacity

building initiatives for local government representatives to educate on electoral system and management of local government (development plans, law and order) maintaining integrity.

Strategy 6: Establish LG Commission to oversee the integrity

and strengthening of the associations to foster self-learning, exchange of experiences and promote standardized code of conduct in local governance.

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• 6. Attorney General

Challenges

Office of the AG is seen rather as an organ of the

• Govt. than of state.

Partisan appointment affects quality of work of the

• ffice.

Recent Attorney Ordinance 2008 creates confusion

regarding the role of AG and DG of Attorney Dept. of the Ministry

Existing structure of AG office does not allow

professionalization of services.

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Goal: The Office of the Attorney General emerges more as an organ of state

• Strategy 1: Recruit the attorneys through the proposed Supreme Judicial

Commission (SJC) in order to ensure transparent and impartial appointment as recently conducted by the Judicial Service Commission.

• Strategy 2: Appoint Attorney-General also can be appointed for a term of five

years and should have the liberty to exercise his functions independently without being subject to the direction or control of anyone.

• Strategy 3: Attorney-General can be act as the Chief Executive and oath

bound under whose supervision a Director General can be appointed for controlling and administering all the Attorneys of the Supreme Court and District Courts.

• Strategy 4: Amend Attorney Service Ordinance 2008 to minimize existing

differences and potential disputes between the Attorneys and newly established Directorate of Attorney Services.

• Strategy 5: Restructure the Office of AG considering different units (civil, writ,

criminal section)

• Strategy 6: Provide legal education based on emerging issues.

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• 7. Public Service Commission

Challenges

Low trust and confidence in its ability to be

non-partisan

Flawed recruitment system (written exam,

viva voce, duration)

Traditional examination techniques Quota system handicaps quality recruitment

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Goal: PSC is established as an efficient, modern and professional institution to recruit civil servants.

Strategy 1: Review the criteria and process of appointment of

PSC chair and its members and introduce a revised mode of appointment and accountability, monitoring.

Strategy 2: Review the quota system with increased stress on

merit

Strategy 3: Develop and introduce modern recruitment process

for written and manual for viva voce examiners.

Strategy 4: Provide capacity building to PSC staff members on

modern recruitment process.

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• 8. ACC

Challenges

Insufficient capacities of the staff members Insufficient outreach up to local level. Limited of cooperation of public institutions Potential to utilize public support.

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Goal: ACC is established as an effective agency preventing and fighting corruption.

Strategy 1: Continue with capacity building efforts of ACC stretching from enforcement, awareness raising, research and monitoring and reporting skills. Strategy 2: Complement ACC’s effort through promotion of integrity across institutions vulnerable to corruption. Strategy 3: Undertake legislative measures for ACC to become a constitutional body. Strategy 4: Extend the scope of ACC to local level. Strategy 5: Collaborate with civil society and general public seeking integrity in public offices.

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• 9. Ombudsman

Challenges

• Yet to be established.
• Limited outreach up to local level

Goal: The Office of the Ombudsman is established and functional.

• Strategy 1: Appoint an Ombudsman and allocate resources as per

Act.

• Strategy 2: Review the Ombudsman Act 1980 in view of the

independence and scope of the Office of Ombudsman.

• Strategy 3: Develop policies, mechanisms and systems of operations
• f the Office of Ombudsman and educate general citizens and the

public offices touched upon.

• Strategy 4: Introduce ‘Administrative Court’ up to district level.

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• 10. Election Commission

Challenges

Insufficient capacity to enforce electoral laws timely Dependency on Government and other public

institutions

Insufficient internal and external accountability for

wrongdoing

Achievement of consensus with political parties.

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Goal: The Election Commission emerges as a fully independent constitutional body capable of effective management along the electoral process.

Strategy 1: Seek the amendment of the Representation of People Order 1972 in consultation with all relevant stakeholders. Strategy 2: Introduce internal and external accountability mechanisms of the Election Commission. Strategy 3: Establish systems and mechanisms to collaborate with

• ther public institutions to effectively work along the electoral

process. Strategy 4: Seek wide public participation in seeking integrity of the political parties and other institutions in favour of free and fair elections. Strategy 5: Extend capacity building support (skill, equipment, materials, management systems) to staff at all levels for being effective along electoral process.

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• 11. C & AG

Challenges

Poor recognition and follow up C&AG’s

report

Backlogs shatter chances timely follow-up Extent of corruption remains in darkness Department-wise internal control

mechanisms are weak.

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Goal: The Office of the Comptroller and Auditor General emerges as an effective institution demanding financial accountability from all public institutions.

Strategy 1: Undertake increased efforts to manage the

backlogs and maintain schedule in line with international best practices.

Strategy 2: Seek comprehensive parliamentary debate on audit

reports through Public Accounts Committee at least once a year.

Strategy 3: Enhance capacity building of the C&AG office

(modernization, investigative authority as practiced by other agency under CG).

Strategy 4: Facilitate establishment of internal control system

and provide technical assistance to public institutions.

Strategy 5: Establish a linkage between

programme/institutional audit with financial audit.

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Non-state institutions

• 1. Media

Challenges

Insufficient accountability of the media Limited freedom outside (Access to Info) and within Insufficient capacity in view of changing media

environment.

Poor compensation of the media people at local

level.

Poor financial basis due to ad policy and influence of

business houses (owners and advertisers).

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Goal: The media is free, truthful, accountable, and impartial.

Strategy 1: Transform public media (radio, TV) into autonomous institutions Strategy 2: Enforce Right to Information Act Strategy 3: Support capacity building of the media people on professional excellence (media integrity) Strategy 4: Introduce a shared policy, system and procedure for public advertising in media. Strategy 5: Facilitate development of code of conduct (editorial, public accountability, professional) by media associations.

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Strategy 6: Physical protection of media people Strategy 7: Facilitate development and introduction of pay system for media personnel at all levels (national, regional and local). Strategy 8: Strengthen the role of Press Council. Strategy 9: Promote standardized editorial policy within media through Associations to safeguard media integrity from the influence of business and

• ther interest groups.

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• 2. NGOs

Challenges

Poor accountability systems (vertically

downward, internal)

Insufficient self-regulatory mechanisms of the

associations

Access to resources. Access to extreme poor and remote areas

limited.

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Goal: The NGOs are increasingly accountable and practice policies, systems and procedures and effective service delivery for the poor and disadvantaged groups. Strategy 1: The Government will initiate legislative measures towards establishing a choice for registration of NGOs and equip regulatory bodies for effective services. Strategy 2: Develop and introduce policies and mechanisms for downward accountability and partnership with local government. Strategy 3: Reach outreach policies with NGOs to gradually cover the left-out areas with essential services (income, health, education, disaster and environment, food security). Strategy 4: The NGOs, organized as sectoral group or associations, will develop, adopt and introduce standardized policies, systems and procedures to ensure accountability and management.

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• 3. Civil Society

Challenges

Insufficient access to information Insufficient access to policy-makers Policy makers are not responsive enough to

civil society

Sometimes scared of physical violence.

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Goal: The civil society is rationale driven, articulate and active campaigner against corruption.

Strategy 1: Enable free access to information to

citizens

Strategy 2: Promote and protect civil society

campaigns against corruption

Strategy 3: Encourage and protect citizens as

whistleblowers

Strategy 4: Introduce Citizens Charta and ensure their

implementation in all public offices.

Strategy 5: Promote formation of citizen’s watch

groups (incl. youth) to seek integrity at grass root level.

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• 4. Political Parties

Challenges

Party constitution is not properly followed. Poor intra-party democracy Limited role of the grass roots to nominate

candidates

No accountability to the grass roots. Vulnerable to people with business and financial

power

No financial transparency and accountability

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Goal: Political parties emerge as democratically run people’s institutions pursuing interest of their constituencies. Strategy 1: Adopt party constitution as per proposed amendment of the People Representation Order 2008 and introduce systems and mechanisms for its enforcement. Strategy 2: Seek communication with citizens and citizen’s groups on policy issues. Strategy 3: Reach agreement on ‘Code of Conduct’ to establish an improved culture of political campaign free from violence.

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• 5. Private Sector

Challenges

Pay the corrupt against benefits. Seek control over politicians against money. Unfair market competition (monopoly, syndicates) Poor compliance of consumer’s rights. Vulnerable to bank default culture Non-compliance of service contracts Money laundering. Insufficient self-regulatory mechanisms. Poor compliance of corporate laws (governance, reporting) and

insider dealing and businesses

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Goal: Private sector increasingly complies with regulatory requirements with sustained improvement of business environment.

Strategy 1: Introduce transparent and impartial business

promotion services (trade licence, renewal of licence, connection to utility services)

Strategy 2: Protect property rights at business sites and

prosecute unlawful and improper interference in business decision-making and transaction.

Strategy 3: Further strengthen public sector institutions to

support private sector based development

Strategy 4: Facilitate further development of Chambers and

Associations to introduce standardized practices and promote self-regulation with respect to anti-trust law, environmental protection.

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• Strategy 5: Introduce cost-effective and efficient mode of conflict

resolution (arbitration, alternative dispute resolution).

• Strategy 6: Introduce enforcement of standardized corporate

governance

• Strategy 7: Facilitate periodic consultation among private sector, civil

society and government.

• Strategy 8: Continue enforcement of consumer rights and

environmental laws in an expected way (transparent).

• Strategy 9: Facilitate development of code of conducts and models of

industrial relations for fair and performance oriented wages and salary.

• Strategy 10: Introduce recognition systems for business houses

practicing integrity.

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• 6. Family

Challenges

Working couple with limited time for children Family access to media and entertainment seldom source of

values. Goal: Family is again a prime source of integrity

Strategy 1: Promote sound in-house parenting practices. Strategy 2: Support out-house facilities for families Strategy 3: Promote regular parental communication with

schools

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Management structure

A ‘virtual’ NIS cell/unit attached to Good Governance

Cell of Cabinet Division headed by Addl. Sec/Joint Sec to facilitate implementation through line ministries, constitutional bodies, and other agencies.

NIS cell will facilitate formation of Ethics Committee

and appointment of Ethics Focal Person (could also be the Grievance handling focal point) in each participating agencies headed by respective Secretaries/head of the bodies.

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The Ethics Focal Person will develop an action plan

in line with NIS and maintain liaison with NIS Cell in view of the progress of implementation.

A National Integrity Advisory Committee (NIAC)

headed by PM/CA and comprising Members from each participating agency will provide policy guidance.

An external agency will organize capacity building

(training, equipment and materials)

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Coordination set-up

NIAC Ethics FP (Ministries) UZ Ethics FP (PSC, ACC, EC, Ombud.) Ethics FP (NGOs, Private Sector, etc.) NIS Cell/Unit Districts Division

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Monitoring, review and changes

Self-monitoring of the progress of

implementation by respective agency with periodic reporting to NIS Cell.

Monitoring of outcome and impacts from NIS

by external agency and reporting to NIS cell.

NIS cell will report to NIAC for possible

changes of strategies and institutional change.